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Symposium Schedule

Modern legal systems face uncertainty and dynamism in the worlds they seek to affect. In the aftermath of the financial crisis of 2008, the problem of regulating a financial industry characterized by constant innovation of financial products and structures now becomes a central issue that will surely transcend whatever legislation might be adopted in the near future. Similarly, the problem of regulating climate change amidst new evidence on both the underlying problem and on the strategic behavior of firms responding to existing governmental efforts, highlight the sort of dynamic legal regime that seems necessary to meet the regulatory challenge. But practical applications are hardly restricted to these two case histories. Current aspects of telecommunications and internet policy, terrorism and international relations, public health and disaster management, criminal justice and recidivism have all been characterized in recent years by the sudden emergence of problems that were flatly unexpected and that still remain relatively unpredictable. This symposium will examine how legal regimes adapt and respond to the sudden emergence of unexpected and unpredictable problems.

	MORNING SESSION
8:15–9:00	Registration
9:00–9:15	Introduction: Adapting Law in the Face of Complexity Maria Savasta-Kennedy Clinical Professor of Law University of North Carolina School of Law
9:15–10:00	Overarching Theories of Adaptability and Resiliency Unexpected challenges can threaten the goals of numerous legal regimes established to solve societal problems, casting doubt on the effectiveness, indeed the legitimacy, of law as a social instrument. These challenges arise due to inadequacies in the laws themselves, as well as surprises from the “outside” world that no one saw coming. This panel will discuss insights from complexity theory to questions of the law’s adaptability and resilience. Panelists Donald Thomas Hornstein Aubrey L. Brooks Professor of Law University of North Carolina School of Law J.B. Ruhl Matthews & Hawkins Professor of Property Florida State University College of Law
10:00–10:15	Break
10:15–11:45	Financial Panel The global financial crisis of 2008-2009 brought the need for a comprehensive financial regulation reform to the forefront of public policy debate, both domestically and internationally. This panel will explore both the scope and potential effect of recent regulatory and legislative changes, as well as examine challenges that have yet to be addressed. Panelists Douglas Arner Professor, The University of Hong Kong Director, Asian Institute of International Financial Law Director, LLM (Corporate & Financial Law) Programme Co-Director, Duke University-HKU Asia-America Institute in Transnational Law Saule T. Omarova Assistant Professor of Law University of North Carolina School of Law Daniel Schwarcz Associate Professor of Law University of Minnesota Law School David Zaring Assistant Professor of Legal Studies The Wharton School, University of Pennsylvania
11:45–1:00	Lunch
	AFTERNOON SESSION
1:00–2:15	Environmental Panel Panelists will explore how environmental and climate change law is adapting to the dynamic environment emerging in our time. Environmental law is one of the leaders in considering adapting law to complex systems, and the panel will look at environmental legal dynamism and lessons for other legal areas. Panelists Alejandro Camacho Professor of Law University of California, Irvine School of Law Holly D. Doremus Professor of Law University of California, Berkeley School of Law Victor B. Flatt Tom & Elizabeth Taft Distinguished Professor in Environmental Law Director, Center for Law, Environment, Adaptation, and Resources (CLEAR) University of North Carolina School of Law
2:15–3:15	Criminal Law Panel Legislators, judges, and prosecutors are continuously faced with the challenge of maintaining a justice system that must develop with, and adapt to, a rapidly evolving society. This panel will explore the challenges that the changing social landscape presents to the criminal law, and explore the actions that need to be taken, as well as identify actions that, while tempting, could prove unnecessary or even detrimental to the criminal justice system. Panelists Richard E. Myers II Associate Dean for Student Affairs and Associate Professor of Law University of North Carolina School of Law Lisa Kern Griffin Professor of Law Duke University School of Law Ronald Wright Professor of Law Wake Forest University School of Law Moderator Joseph E. Kennedy Professor of Law University of North Carolina School of Law
3:15–4:00	Question-and-Answer Closing Session

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